Hermes was founded in 1837 by Thierry Hermes, who originally founded the brand as a saddler company, creating harnesses and bridles for horse-drawn carriages. Not much of a surprise when you consider the iconic logo!

Hermes very much remained a family business with Thierry’s son taking over the helm, followed by his grandsons, and setting up the HQ in Paris in the 1930’s- at 24 Rue Faubourg St.Honore to be precise. Hermes International, the Company, was set up in 1938. In the UK Hermes can be found in the heart of London at 155 New Bond Street.

 

Since the early days, the Hermes brand has continued to go from strength to strength. Hermes as we now know it, is synonymous with luxury and prestige. It has become entrenched in the fashion history books as one of the most valuable and desirable fashion brands in the world.

Given the heritage of the brand and the years the Hermes family have dedicated to the business, not to mention all the designers, employees and creatives that have been adopted into the Hermes family business along the way, its important that the brand is protected from all angles. Here’s a look at a few ways IP steps in as a protective shield.

HERMES THE BRAND: THE VALUE OF A TRADE MARK

The Hermes brand name is protected as a Trade Mark, as is its logo of a Duc carriage attached to a horse, across the world. It is worth noting that even if its name and/or logo wasn’t registered as a Trade Mark it would have generated enough goodwill to use what is referred to as the tort of “passing off” in the UK to protect its highly valued brand identity, which has been built up since 1837.

However, as you would expect from such a lucrative and high-end brand, Hermes (or rather Hermes International) has registered Trade Marks for a number of figurative logos and names in a multitude of categories and will undoubtedly have Trade Marks registered across the world. This so called Trade Mark portfolio will of itself take some management and be of significant value to say the least.

The Hermes name conjures up associations with luxury and prestige, and people ultimately pay a high price for goods associated with such a brand name and image.

 

HERMES: WHAT A DESIGN

Generally design rights protect the external appearance of a product, opposed to its function, which may be the very thing that makes it attractive to target consumers. Cue the much sought after Hermes silk scarf (can we all just take a moment to appreciate the latest giant beauties, which can be drooled over right here.

Hermes has a number of Community Design Rights to protect the unique and iconic luxurious patterned scarves and neckerchiefs. Again these registered designs will form part of a portfolio that is constantly managed and such rights will be continually enforced against potential infringers.

Just to point re-iterate, a design must be original, i.e. not commonplace in the design field in question at the time it is created. This really embodies the whole point of intellectual property to encourage and protect continuous innovation.

Many brands have sought to protect the shape and configuration of their bags, including YSL, but to varying degrees of success. One of the biggest issues with trying to protect a handbag as a design is having to show that the item is not commonplace so that it can be deemed original.

HERMES AND COPYRIGHT

 All of the design documents, sketches, prints etc that have been produced by the creative geniuses at Hermes over the years will have attracted copyright. The articles created from these design documents may attract design rights as outlined above, opposed to copyright, unless it could be considered an artistic work such as a one off garment that is not intended to be mass produced.

Also, lest not forget the significant rise of the luxury coffee table book! The words, photographs, sketches etc that are pulled together to make these books are all protected by copyright. The same can be said of a website, a fashion show brochure or catalogue.

INTELLECTUAL PROPERTY REALLY IS ALL AROUND…. 

So I wasn’t exaggerating when I said that Intellectual Property was everywhere, because it really is. And it is such a valuable asset to any fashion house that great lengths are taken to protect it. Forbes puts Hermes at number 48 on its list of the world’s most valuable brands generating sales of a reported USD$5.37 billion, now THAT’s worth protecting, right?!